1 INTRODUCTION TOPIC: The Universal Waste Rule is designed to encourage recycling and proper...

INTRODUCTION

TOPIC:The “Universal Waste Rule” is designed to encourage recycling and proper disposal of some common, widespread, hazardous wastes.

RELEVANCE:

To familiarize you with the concept of “Universal Waste” and the specific regulatory requirements applicable to business, industry and others who generate them.

COURSE OUTLINE:

• Background• Federal/State Regulations

• What is a Universal Waste?

• Batteries• Thermostats• Pesticides• Lamps• Universal Waste definitions• Example• Summary

WHAT IS UNIVERSAL WHAT IS UNIVERSAL WASTE?WASTE?

The waste is frequently generated by a The waste is frequently generated by a wide variety of settings other than the wide variety of settings other than the industrial settings usually associated with industrial settings usually associated with hazardous wastes;hazardous wastes;

EPA chose “universal” to describe the nature of certain widely dispersed hazardous wastes. The term does not have any specific regulatory meaning; however, if a hazardous waste exhibits any of the following common characteristics it could be classified as a universal waste:

WHAT IS UNIVERSAL WHAT IS UNIVERSAL WASTE?WASTE?

The waste is generated by a vast community The waste is generated by a vast community and is in sufficient quantities to cause and is in sufficient quantities to cause difficulties in managing waste properly for difficulties in managing waste properly for both the regulated community and the both the regulated community and the regulators; andregulators; and

(CONTINUED)

The waste is present in significant volumes in the municipal solid waste stream (non-hazardous waste management systems).

Now Includes:

UNIVERSAL WASTE RULEJanuary 6, 2000

• Hazardous Waste Batteries• Hazardous Pesticides

• Hazardous Mercury Containing Thermostats • Hazardous Waste Lamps

• Hazardous Waste Batteries : such as nickel-cadmium, lead-acid, lithium, mercury-containing and button-type batteries.

• Hazardous Pesticides : which meet certain conditions for being recalled, suspended or cancelled, as defined in 374-3.

• Hazardous Mercury Containing Thermostats : temperature control devices which contain a metallic mercury ampule attached to a bimetal sensing element.

UNIVERSAL WASTE RULE- DEFINITION

Lamp :

Lamp, also referred to as “universal waste lamp” is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

• Hazardous Waste Lamps : hazardous due to their mercury content, which include fluorescent lamps, high-intensity discharge (HID), neon, mercury vapor, high pressure sodium and metal halide lamps.

UNIVERSAL WASTE RULE- DEFINITIONS

Universal Waste Handler :

Anyone that generates, manages, receives, accumulates, or sends Universal Wastes to another Universal Waste handler or to a destination facility or to a foreign destination is a Universal Waste Handler.

Small Quantity Handler (SQH) :

A Universal Waste Handler that handles less than 5,000 kilograms (11,000 pounds) of total universal wastes (all batteries, pesticides, thermostats and lamps) calculated collectively on-site at any time.

Large Quantity Handler (LQH) :

A Universal Waste Handler that handles 5,000 kilograms (11,000 pounds) or more of total universal waste on-site at any time.

Destination Facility :

These are facilities that legitimately and legally can accept Universal Wastes from off-site so they may be treated, disposed or recycled in accordance with all regulatory requirements.

Universal Waste Transporter :

Anyone that transports universal waste off-site. In New York, universal waste transporters that transport greater then 500 pounds of universal waste in a single shipment must be permitted, hazardous waste transporters, pursuant to 6NYCRR Part 364. Common carriers can transport up to 500 lbs. of universal waste in any shipment. All shipments of universal waste must be in compliance with USDOT regulations.

WHAT ARE THE UNIVERSAL WASTE REGULATIONS?

• These regulations have streamlined hazardous waste management standards for universal waste batteries, pesticides, thermostats, and lamps.

• The regulations govern the collection and management of these widely generated wastes. This facilitates the environmentally sound collection and increases the proper recycling or treatment of these wastes.

• These regulations ease the regulatory burden on entities that may not generate any other hazardous wastes.

WHAT ARE THE UNIVERSAL WASTE REGULATIONS? (Continued)

• Greatly reduces the quantity of these wastes going to municipal solid waste landfills or combustion units, and directs them to appropriate treatment or recycling facilities.

• They also allow programs, such as “take-backs”, by retailers and distributors, to create an easy and convenient way for consumers to properly manage these wastes.

STEAMLINED REQUIREMENTS FOR:

• Notification

• Labeling

• Accumulation time limits

• Employee training

• Off-site shipments

• Tracking

• Transportation

SMALL QUANTITY HANDLER (SQH)KEY REGULATORY REQUIREMENTS

• must inform all employees, who handle or have the responsibility for managing universal waste of the proper handling and emergency procedures at the facility. • prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility or foreign destination.• may self transport universal waste without a Part 364 waste haulers permit as long as less then 500 lbs. of total universal waste is being shipped. Shipment of greater then 500 lbs. will require a Part 364 permit.

SMALL QUANTITY HANDLER (SQH)KEY REGULATORY REQUIREMENTS

SQH DO NOT:

- need to notify EPA

- need to receive an EPA identification number

need to keep records of shipments (no manifests required)

LARGE QUANTITY HANDLER (LQH) KEY REGULATORY REQUIREMENTS

Must meet all requirements for SQH’s and:• must notify EPA in writing and receive an EPA identification number.

• must keep a record of all universal waste shipments received or sent off-site, must retain those records for at least three years from the date of receipt or shipment. Records must include invoices, manifests, logs, bills or lading or other shipment documents.

SOME MAJOR ADVANTAGES OF USING THE UNIVERSAL WASTE RULE WHEN MANAGING YOUR HAZARDOUS WASTES :

• Universal wastes are not counted toward your generator status, therefore there are no annual hazardous waste generator report requirements and no associated fees.

• Less paperwork

• No manifesting required

• May self transport or use common carrier

• Reduce the amount of hazardous waste entering the municipal solid waste stream.

• Encourage the recycling and proper disposal of some common hazardous wastes.• Reduce the regulatory burden on businesses and other sources that generate these wastes.

In summary, the Universal Waste Rule is an alternative hazardous waste

regulation which helps:

MERCURY-CONTAINING EQUIPMENT

“MERCURY-CONTAINING EQUIPMENT” (MCE) is a new federal universal waste category. Mercury is used in several types of instruments that are common to electric utilities, municipalities and households. Some of these devices include:

-Manometers -Mercury wetted switches

-Thermometers -Temperature gauges

-Barometers -Pressure relief gauges

-Relay switches -Sprinkler system contacts

-Meters -Mercury regulators

Universal Waste RuleUniversal Waste Rule

Mercury-Containing Equipment Mercury-Containing Equipment Added to the Federal UW Rule in Added to the Federal UW Rule in August 2005August 2005

New York State is developing an New York State is developing an Enforcement Directive to Enforcement Directive to Implement the Federal RuleImplement the Federal Rule

New York State’sNew York State’sMercury-Added ConsumerMercury-Added Consumer

Products LawProducts Law

Chapter 145Chapter 145Laws of 2004Laws of 2004

EstablishedEstablished

TITLE 21 of the ECLTITLE 21 of the ECL““MERCURY-ADDED CONSUMER PRODUCTS”MERCURY-ADDED CONSUMER PRODUCTS”

TITLE 21 of the ECLTITLE 21 of the ECL““MERCURY-ADDED CONSUMER MERCURY-ADDED CONSUMER

PRODUCTS”PRODUCTS”

Adopted July 12, 2004Adopted July 12, 2004

TITLE 21 of the ECLTITLE 21 of the ECLMERCURY-ADDED CONSUMER MERCURY-ADDED CONSUMER

PRODUCTSPRODUCTS

Adopted July 12, 2004Adopted July 12, 2004

Phased In July 12, 2005Phased In July 12, 2005

What Is CoveredWhat Is Covered

All Mercury-Added Consumer All Mercury-Added Consumer ProductsProducts

(Not specifically excluded)(Not specifically excluded)

Who Is CoveredWho Is Covered

* * ManufacturersManufacturers

** ManufacturersManufacturers

** Commercial BusinessesCommercial Businesses

* * Commercial BusinessesCommercial Businesses

* * Retail BusinessesRetail Businesses

* * SchoolsSchools

* * HomeownersHomeowners

* * SchoolsSchools

* * Local/State GovernmentsLocal/State Governments

* * SchoolsSchools

* * Local/State GovernmentsLocal/State Governments

* * The Entire Disposal ChainThe Entire Disposal Chain

Typical Mercury-Added Typical Mercury-Added ProductsProducts

Thermostats

Fever and Body

Thermometers

Switches

Electrical Devices & Appliances

Medical & Scientific

Instruments

HID and Fluorescent Lamps

Light-Up Shoes with LED Cartridge

Batteries (Except Button Batteries not Easily Removed)

Novelty Products

Chapter ProvisionsChapter Provisions

DefinitionsDefinitions

LabelingLabeling

DisposalDisposal

ProhibitionsProhibitions

Advisory CommitteeAdvisory Committee

Labeling Labeling RegulationsRegulations

ExemptionsExemptions

Interstate Interstate ClearinghouseClearinghouse

LabelingLabeling

All Mercury-All Mercury-Added Added

Consumer Consumer Products Sold Products Sold After July 12, After July 12,

2005 2005 Must be Must be Labeled.Labeled.

** Contains MercuryContains Mercury

** Remove Hg Before Remove Hg Before DisposalDisposal

** Be ConspicuousBe Conspicuous

** Durable and Legible Durable and Legible for Product’s Lifefor Product’s Life

Labeling, ContinuedLabeling, Continued

Automobile Manufactu

Regulations to Allow

Alternative Labeling

Effective DatesEffective Dates

ProhibitionsProhibitions

* * 09/04/0409/04/04

Primary/Secondary Schools May Not Primary/Secondary Schools May Not Purchase or Purchase or Use Elemental MercuryUse Elemental Mercury

Effective DatesEffective Dates

ProhibitionsProhibitions* * 09/04/0409/04/04

Primary/Secondary Schools May Not Primary/Secondary Schools May Not Purchase or Purchase or Use Elemental MercuryUse Elemental Mercury

* * 01/01/0501/01/05 Manufacturers/RetailersManufacturers/RetailersHg Containing Novelty Products Hg Containing Novelty Products

Prohibited Prohibited Hg Fever Thermometers Prohibited w/o Hg Fever Thermometers Prohibited w/o

PrescriptionPrescriptionElemental Mercury Sales ProhibitedElemental Mercury Sales Prohibited

DisposalDisposal

NoNo PERSON PERSON Shall:Shall:– Dispose of in Solid WasteDispose of in Solid Waste

DisposalDisposal

NoNo PERSON PERSON Shall:Shall:– Dispose of in Solid WasteDispose of in Solid Waste– Except by Separate DeliveryExcept by Separate Delivery

DisposalDisposal

NoNo PERSON PERSON Shall:Shall:– Dispose of in Solid WasteDispose of in Solid Waste– Except by Separate DeliveryExcept by Separate Delivery– Prohibited in Resource Recovery Prohibited in Resource Recovery

FacilityFacility

DisposalDisposal

NoNo PERSON PERSON Shall:Shall:– Dispose of in Solid WasteDispose of in Solid Waste– Except by Separate DeliveryExcept by Separate Delivery– Prohibited in Resource Recovery Prohibited in Resource Recovery

FacilityFacility– Storage/Recycling/DisposalStorage/Recycling/Disposal

In Accordance with Existing In Accordance with Existing RegulationsRegulations

From From Chapter 145Chapter 145– Photographic Film and PaperPhotographic Film and Paper

From From Chapter 145Chapter 145– Photographic Film and PaperPhotographic Film and Paper– Pharmaceutical ProductsPharmaceutical Products

From From Chapter 145Chapter 145– Photographic Film and PaperPhotographic Film and Paper– Pharmaceutical ProductsPharmaceutical Products– Biological ProductsBiological Products

From From Chapter 145Chapter 145– Photographic Film and PaperPhotographic Film and Paper– Pharmaceutical ProductsPharmaceutical Products– Biological ProductsBiological Products– Over the Counter FDA Regulated ItemsOver the Counter FDA Regulated Items

From From Chapter 145Chapter 145– Photographic Film and PaperPhotographic Film and Paper– Pharmaceutical ProductsPharmaceutical Products– Biological ProductsBiological Products– Over the Counter FDA Regulated ItemsOver the Counter FDA Regulated Items– Button Batteries Button Batteries

From From DisposalDisposal– Lamps Lamps from Householdsfrom Households

From From DisposalDisposal– Lamps Lamps from Householdsfrom Households– Non-HazardousNon-Hazardous Lamps Lamps from from Small Small

BusinessesBusinesses

BusinessesBusinessesBusiness Resident in NYSBusiness Resident in NYS

Independently Owned & OperatedIndependently Owned & Operated

Not Dominant in its FieldNot Dominant in its Field

Employing Less than 100 PeopleEmploying Less than 100 People

Major IssuesMajor Issues

Became Effective July 12, Became Effective July 12, 20052005

Disposal ProhibitionsDisposal Prohibitions

Labeling RequirementsLabeling Requirements

Educational MaterialsEducational Materials

Legislative Legislative Corrections/AdditionsCorrections/Additions

Existing Disposal Regulations OkExisting Disposal Regulations Ok

Awaiting Governor’s Signature

Product Sale Prohibitions Added Product Sale Prohibitions Added (1/1/06)(1/1/06)

Notification Requirements Added for Notification Requirements Added for MANUFACTURERS MANUFACTURERS

Elemental Mercury Atomic MassElemental Mercury Atomic Mass

Minor Alternative Labeling Minor Alternative Labeling CorrectionsCorrections– Still Requires RegulationsStill Requires Regulations

Contact InformationContact Information

http://www.dec.state.ny.us/website/dshm/redrecy/c145home.html

Mark Moroukian mmmorouk@gw.dec.state.ny.us

John Miccoli jdmiccol@gw.dec.state.ny.us

Peter Pettit pmpettit@gw.dec.state.ny.us

General Information sqginfo@gw.dec.state.ny.us

Phone Number: (518) 402-8633

Phone Number: (518) 402-8706

Small Quantity Generator Hotline: 1-800-462-6553

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